HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8381 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.206 of 2025, under Sections 333, 70(1), 352 of BNS, P.S. Manjhila, District Hardoi. 4. In the prosecution case it is alleged that on 23.06.2025 at about 12:00 am named accused persons three in number came inside the house of the informant through roof and started molesting the daughter of the informant. Upon raising alarm by her they ran away. 5. Learned counsel for applicant submits that victim has repeated the prosecution story in her statement under Section 180 BNSS. While giving statement under Section 183 BNSS, the allegation of rape has been levelled on co-accused Jhallu and not on the applicant. The only allegation against the applicant is that he gagged the mouth of the victim. He submits that a perusal of the statement under Section 183 BNSS shows that applicant has been falsely implicated regarding the alleged theft committed in the house of the victim few days ago in which suspicion is on the applicant and the co-accused. There is no injury found in the medico legal examination of the victim. No opinion of rape has been Versus Counsel for Applicant(s) : Avnish Kumar Tiwari Counsel for Opposite Party(s) : G.A. Shanu Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) given by the doctor. The prosecution case lacks corroborative medical evidence. Victim is major. He submits that the applicant is in jail since 21.07.2025. 6. Learned A.G.A. has opposed the bail prayer. 7. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 21.07.2025, improvement made by the victim while giving statement under Sections 180 & 183 BNSS, lack of corroborative material, victim is major and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant-Shanu Singh be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS). BAIL No. 8381 of 2025 2 (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). September 3, 2025 Saurabh Yadav/- BAIL No. 8381 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench